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HomeMy WebLinkAboutORD 44-XAN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF PUBLIC STREETS AND HIGHWAYS OF THE CITY'OF BEAUMONT; CREATING AND DEFINING PARKING METER ZONES; PROVIDING.FOR THE INSTALLATION, REGULATION OPERATION AND MAINTENANCE OF PARKING METERS; REQUIRING DEPOSH OF COINS FOR THE USE OF PARKING METERS AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SU6H COINS; MAKING IT UNLAWFUL TO USE THE STREETS OR PORTIONS OF THE STREETS SO DESIGNATED FOR PARKING EXCEPT THROUGH THE USE OF PARKING METERS; DEFINING WHAT ACTS WILL BE UNLAWFUL, AND FIXING PENAL- TIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR IMPOUNDING OF VEHICLES PARKED IN VIOLATION OF SAID ORDINANCE; PROVIDING FOR ILOADING AND UNLOADING ZONES; REPEALING IN PART ORDINANCES INCONSISTENT HEREWITH, AND PROVIDING THAT ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE GUILTY OF AN OF- FENSE AND UPON.CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN ONE ($1.00),DOLLAR NOR MORE THAN TWO HUNDRED - ($200.00) DOLLARS. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. DEFINITIONS. (a) The word "vehicle" shall mean any device in, upon or by which any person or property is or may be transported or drawn upon a street or highway. (b) The word "street" shall mean any public street or avenue located in The City of Beaumont and established for the use of ve- hicles. (c) The word "person" shall.mean and include any individual, firm, co -partnership, association, or corporation. (d) The word "operator" shall mean and include every individ- ual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or is in actual physical control of a vehicle. (e) The word "park" or "parking" shall mean the standing of a vehicle, whether occupied or not, upon a street otherwise than tem- porarily for the purpose of and while actually engaged in receiving or discharging passengers or merchandise. (f) The words "parking meter" shall -mean and include any me- chanical device or meter not inconsistent with this ordinance, placed or erected for the regulation of parking by .*;authority of this ordi- nance. (g) The words "parking meter zone" shall mean'and include any restricted street upon which parking meters are installed and in operation. (h) The words "parking ..meter space" shall mean any space with- in a parking meter zone, adjacent to a parking meter and which is U-1,1� (, (/ I/-- K duly designated for the parking of a single vehicle by painted lines or marks, or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. (i) The words "loading or unloading zone" shall mean a space or section of the curb and adjacent street set aside for the exclu- sive use of loading or unloading of persons, merchandise, supplies or material. (j) Standard of time. All hours of ordinance refer to and shall be determined as commonly known, and as established. Section 2. time mentioned in this by central standard time The regulations provided for in this ordinance shall apply be- tween the hours of 8:00 o'clock A.M. and 6:00 otclock P.M. on all days other than Sundays and the following holidays: The first day of January, the fourth day of July, the first Monday in September, the.twenty-fifth day of December, and the day designated and set aside by the President of the Unitdd States as a day of Thanksgiving. Section 3. That the parts of streets in The City of Beaumont, Texas, de- scribed in Sections 8, 9, and 10, of this,ordinance are hereby es- tablished as Parking Meter Zones, and in said zones or such other parking meter zones as may be hereafter created by ordinance of The City of Beaumont, the City Manager is authorized to have installed parking meters, and is authorized to cause parking meter spaces to be designated in accordance with the provisions of this ordinance. Section 4. (a) Parking or standing a vehicle in a designated parking space in Parking Meter Zone No. 1, as definsd in Section $, shall be lawful for twelve (12) minutes upon deposit of a one (1¢) cent coin. (b) Parking or standing a vehicle in a designated space in 'Parking Meter Zone No. 2, as described in Section 9.of this ordi- nance, shall be lawful for twelve (12) minutes upon deposit of a one (1¢) cent coin, twenty-four (24) minutes upon the deposit of two (2) one -(1¢) cent coins, thirty-six.(36) minutes upon deposit of three (3) one -(1¢) cent coins, forty-eight (48) minutes upon deposit of four (4) one (1¢) cent coins, or sixty (60) minutes upon the deposit of five (5) one (1¢) cent coins, or one five (5¢) cent coin of the United States of America. - (c) Parking or standing a vehicle in a designated place in Parking Meter Zone No. 3, as described in Section 10 of this ordi- nance, shall be lawful for twelve (12) minutes upon the deposit of a one (1¢) cent coin, twenty-four (24) minutes.upon the deposit of two (2) one (1¢) cent coins, thirty-six (36) minutes upon the deposit of three (3) one (1¢) cent coins, forty-eight (48) minutes upon the deposit of four (4) one (1¢) cent coins, or sixty (60) minutes u on the deposit of five (5) one -(1¢) cent coins, or one (1) five (41 cent coin of the United States of America, and two (2) hours upon the deposit of two (2) five (5¢) cent coins of the United_States of America. 2. Section 5. In said parking meter zones designated and described in Sec- tions 8, 9, and 10, of this ordinance, the City Manager is hereby directed and authorized to cause parking spaces and loading and -un- \ oading spaces to be designated and maintained by the Director of Traffic Planning and Maintenance. All spaces for parking vehicles shall be laid out parallel to the curb and such spaces shall be de- signated by lines or by marks painted on the surface of the street, and shall be so laid out that there shall be one parking space for and at or near each installed parking meter. Loading and unloading zones for handling of passengers and heavy or bulky merchandise, supplies, or materials as are necessary for the conduct of business, shall be laid out and designated by painted lines or by marks on the surface of the street, or on the curb, or both, with words in- dicating the type of zoneintended. Section 6. The City Manager shall cause parking meters to be installed and maintained upon the curb or sidewalk immediately adjacent to the parking spaces provided for in Section 5 of this ordinance, said installation'to be placed not more than -,two (2) feet from the curb nor more than four (4) feet from the front line of the parking spaces indicated. Each parking meter shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin or coins of the United States of America therein for the period of time prescribed by this ordinance which signal- shall contirl-VO to operate from the time of deposit of such coin or coins therin until the expiration of the time fixed by this ordinance as the parking limits for the part of the street upon which said meter is placed. Each parking meter shall be so arranged that upon the expiration of the lawful time limit it will indicate by -a proper, visible signal that the lawful parking period has expired, and in such cases the right of such vehicle to occupy such space shall cease and the operator or owner thereof shall be subject to the penalties hereinafter provided. Section 7. Except in a period of emergency, determined by an officer of the Police Department, or in compliance with the directions of a police officer, when any vehicle shall be parked in any parking space alongside or next to which a parking meter is located, the operator of said vehicle shall, upon entering the parking meter -space, imme- diately deposit or cause to be deposited in said meter, such proper coin of the United States as is required for such parking meter, and as is designated by proper directions on the meter. Upon the deposit of such coin the parking space may be lawfully occupied by such ve- hicle during the period of time which has been prescribed for the part of the street in which said parking space is located. If said vehicle shall remain parked in any such parking space beyond the parking time limit.set for such parking space, and if the meter shall indicate such illegal parking, then, in that event, such vehicle shall be considered as parking overtime and beyond the period of le- gal parking time as fixed by this ordinance, and such parking shall be deemed a violation of this ordinance. 3. After a parking meter indicates the vehicle therein is ille- gally parked should such vehicle remain illegally parked for an additional period or periods of time in excess of the maximum time prescribed for such space it shall be a separate offense for each and every like period of time such car is parked in excess of the prescribed time. Section 8. The following area, streets within The City of Beaumont shall 1, and same is hereby established minutes, as follows: and portions of streets lying constitute Parking Meter Zone No. limiting parking to twelve (12) South side of Broadway Street from alley back of Post Office to intersection with Willow Street, thence west side of Willow Street from Broadway to Liberty Street, thence north side of Liberty Street from Willow Street to alley back of Post Offices West side of Pearl Street beginning at a point one hundred eighteen (118) feet north of Liberty Street, thence to Liberty Street; the north side of Liberty Street from Pearl Street to a point one hundred forty (140) feet from the corner of Pearl Street; North side of Bowie Street between Park and Orleans Streets; north side of Bowie Street between Orleans and Pearl Streets for a distance of one hundred forty (140) feet east from its intersection with Orleans Street; That part of the east side of Orleans Street between Forsythe and Wall Streets beginning at the alley and continuing northward sixty-six (66) feet; that part of the east side of Orleans Street between Wall and College Streets beginning at a point sixty (60) feet south of its intersection with Wall Street and continuing sixty (60) f eet ; East side of Pearl Street for a distance of one hundred forty three (1431) feet North from its intersection with Wall Street. Section 9. The following area, streets within the City of Beaumont shall 2, and same is hereby established as follows: and portions of streets lying constitute Parking Meter Zone No. limiting parking to one (1) hour, Calder Avenue from Main Street to Willow Street; Willow Street from Calder Avenue to Broadway Street; the east side of Willow Street from Broadway Street to Laurel Avenue; the west side of Willow Street from Liberty Avenue to Laurel Avenue; Laurel Avenue from Magnolia Avenue to Orleans Street; Park Street from Laurel Avenue to Gilbert Street; The west side of Orleans Street from Broadway Street to Gil- bert Street; the east side of Orleans Street from Broadway Street to a point sixty-six (661) feet north of the alley next to- the Security State Bank Building between Forsythe and Wall Streets; the east side of Orleans Street from the alley next to the Security RA 4. State Bank Building to a point sixty (601) feet south of the intersection of Wall and Orleans Streets; the east side of Orleans Street from a point one hundre.dc' twenty (120 t ) feet south of its intersection with Wall Street to Gilbert -Street; The east side of Pearl Street from Calder Avenue to - Gilbert Street; the west side of Pearl Street from Calder Ave- nue to a point one hundred eighteen (1181) feet north of its intersection with Liberty Avenue; the west side of Pearl Street from Liberty Avenue to Gilbert Street; Broadway Street from Main Street to Willow Streets The south side of Liberty Avenue from Main Street to Willow Street; the north side of Liberty Avenue from Main Street to Pearl Street; the north side of Liberty Avenue from a point one hundred forty (1101) feet west of its intersection with Pearl Street to Willow Street; Crockett Street from Main Street to Neches Street: The south side of Bowie Street from Main Street to Neches Street; the north side of Bowie Street from Main Street to a point one hundred forty-four (1441) feet east of Orleans Street; the north side of Bowie Street between Park -and Neches Streets; Fannin Street from Main Street to Neches Street; Forsythe Street from Main Street to Neches Street; Wall Street from Main Street to Neches Street; College Street from Main Street to Neches Street. Stiction 10. The following area, streets and portions of streets lying within The City of Beaumont shall constitute Parking Meter Zone No. - 3, and same is hereby established limiting parking to two (2) hours, as follows: Neches Street from Crockett to Gilbert Streets, Gilbert Street from -Neches to Main Streets, Main Street from Gilbert Street to Calder A4enue, Calder Avenue from Willow to Magnolia Streets, Magnolia Street from Calder Avenue to Laurel Street; North side of Broadway from Willow Street to Magnolia Street; south side of Broadway from Alley back of Post Office to Magnolia Street; North side of Liberty Street from alley back of Post Office to Magnolia Street; south side of Liberty Street from Willow Street to Magnolia Street. Section 11. It shall be unlawful for any operator to stand or park a ve- hicle in a loading or unloading zone for the purpose of loading or 5. unloading passengers for a period in excess of two (2) minutes. This shall not apply to the operators of vehicles of a public transportation system. 5= The use of loading bones for the loading and unloading of merchandise -shall be confined to the handling of heavy or bulky merchandise, supplies and materials. All such loading or unload- ing must be performed in a expeditious manner, and no vehicle may remain in a loading zone either for a period of time longer than necessary to expeditiously load or -unload the same, or while the operator thereof is soliciting or engaged other*ise than in loading or unloading the vehicle, except that a reasonable time shall be allowed for giving or securing a delivery receipt. The above regulation shall apply only between /the hours of 7:00 Otclock A.M. and 6:30 O'clock P.M. and on dayd other than Sundays and the holidays designated in this ordinance. Section 12. Any vehicle parked in a parking space shall be parallel to the curb and within eighteen (1011) inches of the edge of the curb, with the hood of such vehicle alongside of or next to the parking meter in such.parking space, and wholly within_ the lines or marks designating such parking space. It shall be unlawful and an of- fense to park any vehicle across any such lines or marks, or to park said vehicle in such way that the same shall not be wholly within the area so designated by such parking space lines or marks on the street surface. Section 13. It shall be the duty of the Police Department of The City of Beaumont to enforce the provisions of this ordinance. Section 14. It shall be unlawful for a member of the Police Department of The City of Beaumont to deposit or accept for deposit in a parking meter any coin or coins for a person other than himself or a member of his immediate family. Section 15. It shall be unlawful and an offense for any unauthorized per- son to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter -installed under the provisions of this ordinance. Section 16. It shall be unlawful and an be deposited in any parking meter stance, or substitute for lawful America. 6. offense to deposit or cause -to any slug, device, metal sub. coins of the United Stated of A w c. Section 17. It shall be unlawful and a violation of the provisions of this ordinance for any person; (a) To cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be parked overtime or beyond the period of legal parking established for any Parking Meter Zone as herein described; (b) To permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is ,displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such .parking space; (c) To park any vehicle across any line orarking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. Section 18. The coins required to be depositedin parking meters, as pro- vided herein, are hereby levied and charged as police regulation, supervision and inspection fees to cover the cost of inspection and regulation, control and use of the parking spaces and parking meters described herein, and of checking up and regulating the parking of vehicles in the parking meter zones created hereby. Section 19. It shall be'the duty of the City Manager to designate quali- fied employees of the City of Beaumont to make regular collections of the money deposited in said parking meters. Such person or persons so designated shall take from said parking meters the coins deposited in the meters and deliver same in the locked containers to the Director of Finance of The City of Beaumont or to someone designated by him, where said money shall be counted, and same shall be deposited to the credit,of The City of Beaumont in a special fund call "Parking Meter Fund," which fund shall be disbursed on order of the City Council. $ach person so designated to collect such coins from the meters and deliver same as provided for herein shall execute a fiduciary bond in the sum of Twenty -Five Hundred t$2500.00) Dollars payable to The City of Beaumont, conditioned for the faithful performance of his duties in collecting and delivering all such coins and monies, which bondoshall be pxscutad by a corporate surety which has been duly authorized under the laws of Texas to execute such bond. The premium for such bond shall be paid by the City. The duties prescribed to the employees under the terms of this Section may be in addition to other regular duties which they may be performing. Section 20. In the event any vehicle shall be found standing or upon any regularly designated parking meter space, any street within the parking meter zones established nance, in violation of and contrary to any provisions 7. or parked in or in or upon by this ordi- of this ordi- nance., the same shall be a nuisance per se and members of the Police Department are hereby authorized to remove said vehicle to the near- est garage or other place of safety, or to a garage or parking lot designated or maintained by the Police Department, or otherwise maintained by the City of Beaumont, and thereshall be kept by the Police Department until application for its redemption shall be made by the owner or his duly authorized agent. 'Whenever an officer removes a vehicle from a street, as auth- orized herein, and the officer knows or is able to ascertain from the registration records in the vehicle the name and the address of the owner thereof, such officer shall immediately give or cause to be given notice in -writing to such owner of the fact of such removal and the reasons therefor and the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. Whenever,an officer removes a vehicle from a street under this ordinance -and does nbt know and is not able to ascertain the name of the owner, or for any other reason is unable to give .the notice to the owner as herein before provided, and in the event the vehicle is not returned to the owner within.a period of three(3) days, then, in that event, the officer shall immediately send or cause to be sent a written report of such removal by mail to the State Highway Depart- ment whose duty it is to register motor vehicles. Such -notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. In the event a vehicle is removed from a street under this ordinance, the owner of same -shall pay, in addition to the fine, if any, assessed against him, reasonable costs incurred in remov- ing said vehicle from the street and reasonable storage for the time same is stored in a garage or parking lot. Section 21. Any ordinance inconsistent with any of the terms or provis- ions of this ordinance is hereby repealed, provided, however, -that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances relating to and covering the subject matter covered by this ordinance. Section 22. If any section or provision or part of this ordinance shall - be adjudged invalid or to be unconstitutional by a court of compe- tent jurisdiction, such adjudication shall not affect the validity of this ordinance as a whole, or any section, provision or part thereof nbt adjudged invalid or unconstitutional. Section 23. Any person, firm or corporation who - shall violate any of the provisions of this ordinance shall, upon conviction, be deemed W2lty of an offense and fined not to exceed the sum of Two Hundred 00.00) Dollars. Any person who shall aid, abet or assist in the violation of any of the provisions of this ordinance shall be guilt of an offense and shall be fined not to exceed Two Hundred ($200.00T Dollars. 5P Passed_by the Cit7.,Council of the City of Beaumont this the day of 1952. ayor-